Sourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73431 of 2022 Arising Out of PS. Case No.-264 Year-2022 Thana- DHURAIYA District- Banka ====================================================== SOURAV KUMAR SON OF THAKUR MANDAL Resident of VillageBabhangama, P.S.- Barahat, District- Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Dhoraiya P.S. Case No. 264 of 2022 for the offence registered under Section 364 of the Indian Penal Code.

The petitioner and three other co-accused persons are alleged to have abducted the daughter of the informant, namely, Nidhi Kumari on gun point, while she came out of her house on 16.07.2022 at about 8:00 P.M. to feed her dog. It is also alleged that while the said accused persons including the petitioner were taking away the daughter of the informant on motorcycle, on pistol

Patna High Court CR. MISC. No.73431 of 2022(2) dt.29-04-2023 2/3 point, they had also fired on the informant when he had tried to chase them. The victim girl is stated to be still traceless.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. It is also submitted that the petitioner has been falsely implicated in the present case, hence the petitioner be granted the privilege of anticipatory bail.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner has been specifically named in the FIR to be one of the persons who had kidnapped the victim girl, apart from the fact that the victim girl is still traceless, I do not find the present case to be a fit case for grant of

Patna High Court CR. MISC. No.73431 of 2022(2) dt.29-04-2023 3/3 anticipatory bail, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T